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Abstract

Should the meaning of "ethical" lawyering change in the ADR context? This article contains several essays arguing that change is needed, that current ethics rules and codes must be adjusted, and new rules must be drafted that respond to the subtleties and complexities of the issues raised in ADR legal practice. Professor Carrie Menkel-Meadow provides an overview of the major ethical issues facing lawyers in ADR practice and reviews the current ethics rules landscape in ADR. Professor Robert Cochran offers a proposal to amend the current professional responsibility rules to include a mandate for advising clients of ADR options. Professor Kimberlee Kovach argues in favor of a new ethic for non-adversarial representation. Finally, Professor Stephen Huber addresses a number of critical ethical issues implicated by arbitration practice.

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